Please read these Terms and Conditions of use before you access the British Horseracing Authority's Racing Administration Internet Site.

GLOSSARY

BHA means the British Horseracing Authority Limited whose registered office is at 151 Shaftesbury Avenue, London, WC2H 8AL.

Re-Offer.com means Four6one.

You means the authorised user (including Appointed Agents) whom BHA makes the Contract with, and the Contract is for your personal use only.

Appointed Agents means those named and approved users for whom you have requested access to the Service and for whose use of the Service and compliance with these Terms you shall at all times remain responsible.

Contract means this agreement between BHA and you for the provision of the Racing Administration Internet Site incorporating these Terms, the information on the main access index page.

Information means all or any part of the information and other content made available on the Racing Administration Internet Site, including its design and 'look and feel' and all or any part of any documentation supplied by BHA in connection with the provision of the Racing Administration Internet Site.

Service means the BHA Racing Administration Internet Site or website pages from time to time available by closed user group.

1. PROVISION OF THE SERVICE

BHA agree to provide the Service in accordance with the Terms & Conditions of the Contract. The Service is accessed via the internet. This Contract does not include the provision of, or payment for, the necessary internet access connection. BHA may vary, modify or suspend the Service at their sole discretion at any time, and they have the power to vary, modify or amend this Contract and/or the Terms and Conditions of Use on notice to you.

You agree to pay all charges for the Service, where applicable, by the method of payment selected in your registration form. Charges will be levied monthly in arrears. A threshold (currently set at £5) will apply to these charges. Charges totalling less than this threshold will be carried over as appropriate, for a limited period.

In order to access and use the Service, BHA will issue you with a unique ID and password. These are non-transferable and are provided to you and your Appointed Agents for your and their sole use. You are responsible for maintaining the confidentiality of each ID and password issued to you and your Appointed Agents and for ensuring that no unauthorised access is obtained to the Service. You shall procure that each of your Appointed Agents is made aware of these Terms and shall at all time comply with these Terms in their use of the Service.

For technical reasons, the Service, or certain elements of it, will occasionally be temporarily unavailable.

If you experience any difficulties while attempting to access the Service, please e-mail us on ihelp@Re-Offer.com or contact the Helpline on +44 (0) 8456 076747 or alternatively, fax us on +44 (0) 1525 862589 .

2. LICENCE AND RIGHTS

BHA grant you and your Appointed Agents a world-wide non-exclusive and non-transferable licence to access the Service and to use the Information subject to the Terms and Conditions of the Contract. Neither you nor your Appointed Agents may grant a sub-licence of this right. Copyright and other intellectual property rights protect the Service and the Information. Subject to clause 3, the Information may not be reproduced other than when downloaded and viewed on a single PC or a single copy of your selected option is printed out for your and your Appointed Agents' personal and private use only and not for any commercial exploitation. The Information is not to be made available on a network or otherwise reproduced, transmitted, broadcast or displayed in public without the prior written permission of BHA.

BHA have the right to provide the Information through the Service. Other than the limited licence above neither you nor your Appointed Agents will acquire any intellectual property rights in the information through your use of the Service. All other rights are reserved.

3. WARRANTIES AND LIABILITY

BHA warrant that they will use all reasonable skill and care in producing the Service and making it available for access but you acknowledge that access to it may not be uninterrupted or error free and could be subject to delays, in particular, but not only, as a result of the Service being provided by the public Internet.

BHA make no other representations or warranties, express or implied, regarding the Service or the Information and all representations, warranties, terms and conditions whether express or implied by statute, common law or otherwise are excluded to the fullest extent permitted by law. BHA accept no responsibility or liability for access to, or the material on, any service, which is linked from or to the Service.

BHA's liability to you for death and personal injury caused by their negligence or any other liability, the limitation of exclusion of which is expressly prohibited by law, shall not be limited or excluded.

In no event shall BHA be liable to you for any indirect, special, incidental, punitive or consequential losses or damages (including third party claims, loss of profits, revenue or goodwill) suffered by you, your Appointed Agents, or any third party howsoever caused, whether by breach of contract, negligence or otherwise (including any such loss or damage suffered by you as a result of an action brought by a third party) arising in relation to the Service (including any errors, inaccuracies or omissions in the Information or any faults, interruptions or delays in connection with the Service). BHA accept no liability for any transaction made in reliance on the Information or the Software or in connection with the Service.

4. TERM AND CANCELLATION

The Contract shall commence once you have completed the registration form and Re-Offer.com have completed their appropriate registration procedures and provided you and your Appointed Agents with access. The Contract shall terminate automatically if you and all your Appointed Agents ID and passwords have not been used for a continuous period of 6 months.

BHA may terminate the Contract and your and all your Appointed Agents' access to the Service immediately without notice if you or any of your Appointed Agents are in breach of any provision of this Contract; or any charges for the Service are unpaid or not honoured by your bank or credit or charge card company; or bankruptcy or insolvency proceedings are brought against you or if you do not make any payment under a judgement of a Court on time, or you make an arrangement with your creditors, or (if a company) a receiver or administrator is appointed over any of your assets or you go into liquidation.

If BHA terminate the Contract you must still pay to BHA all outstanding charges which are then due for the Service under this Contract.

5. GENERAL

You agree to indemnify BHA Racing Administration Internet Site against loss, damage or expense incurred by BHA arising out of your misuse of the Service or the Information.

You are not allowed to transfer, licence or attempt to transfer or licence this Contract in whole or in part. The Service is provided solely for your and your Appointed Agents own use. Neither you nor they shall re-sell or attempt to re-sell this Service (or any part or facility of it) to any other person.

BHA shall not be liable for any failure, interruption or delay of the Service due to something beyond its reasonable control such as technical failure, lightning, flood, or exceptionally severe weather, fire or explosion, civil disorder, war, or military operations, natural or local emergency, anything done by government or other competent authority or industrial disputes of any kind (including those involving its employees).

English Law governs this Contract and you and BHA submit to the non-exclusive jurisdiction of the English Court.

These Conditions of Sale apply to all Lots and shares sold by Re-Offer.com. Re-Offer.com draws your attention to the User Terms which appear at www.Re-Offer.com

1.0 Parties

1.1 The Purchaser shall be the highest bidder acceptable to Re-Offer.com subject to the right reserved by Re-Offer.com to fix a minimum selling price in all or any auctions and subject to any reserve price.
1.2 The Vendor shall be the person or persons stated in the Re-Offer.com listing and shall be deemed to be the owner or owners of the Lot.
1.3 Re-Offer.com is acting as a disclosed agent providing intermediary services. Vendors and purchasers are responsible on their own behalf for accounting for any VAT, purchase or sales taxes which may become due to any tax authority.

2.0 Conduct of Sale

2.1 All Lots offered for sale by auction will be subject to a reserve price which shall be either the minimum selling price or any higher reserve price as notified to Re-Offer.com through the listing process. The vendor can amend that reserve price up until the receipt of the first bid afterwhich the reserve price cannot be changed. At the point of submitting their listing all sellers have given Re-offer.com the right to submit whatever bids it deems appropriate and in whatever form it deems appropriate up to the value of the minimum selling price or reserve price notified to Re-offer.com by the seller in respect of each individual listing submitted to this site by the seller.
2.2 As provided for by Law a seller of an auction Lot or any one person on their behalf may bid for that Lot. The seller shall mean the Vendor or, if different, the owner. Where however a Lot is stated to be “Partnership Property” any partner, syndicate member, co-owner or other person interested therein may bid on his own behalf either personally or through an agent.
2.3 Re-Offer.com are the sole arbiters as to the existence or otherwise of any dispute during and/or in connection with the conduct of any sale on Re-offer.com by auction and if any such dispute arises the Lot so disputed shall be immediately put up for sale on Re-Offer.com again and re-sold.
2.4 Re-Offer reserves the right without giving any reason therefore to reject any or all bids.
2.5 Re-Offer.com reserves the right to withdraw any Lot before or during any Sale without giving any reason therefore.
2.6 Buyers responding to any Classified Advertisement do so at their own risk and deal directly with the advertiser. Re-offer.com is not responsible in any way for any direct and/or consequential loss suffred by any buyer or respondent who applied to a Classified Advertisement appearing on Re-offer.com

Refunds
2.7 Re-Offer.com will play no role as arbiter in respect of the existence or otherwise of any dispute during and/or in connection with the conduct of any sale taking place as a result of the appearance of any Classified Advertisement on Re-offer.com. Such disputes shall be settled strictly between the seller and buyer directly.
2.8 Where such a dispute has been settled between the buyer and seller Re-Offer.com will reserve the right to refund any commision minus administration charges


3.0 Commission and Fees

3.1 A Listing fee of £250 (or its equivalent amount in a currency to be agreed) is payable to Re-Offer.com by the Vendor in respect of each Lot entered and listed on-line. A buyer’s premium is payable by the purchaser of each lot bought through Re-Offer.com. Sales Commission is payable by the vendor of each lot sold through Re-Offer.com.
3.2 The vendor of an auction listing will pay 2.5% ‘seller’s commission’ and the purchaser shall pay 3.5% ‘buyer’s premium’ in respect of all lots sold through Re-Offer.com. All such commissions are calculated on the value of the final winning bid.
3.3 Such ‘seller’ and ‘buyer’ commissions will be reduced in some circumstances. Where a lot is (a) sold or bought in by auction at Re-Offer.com on behalf of the vendor or by the vendor directly by way of placing the final bid the vendor shall be liable to pay 1.25% commission calculated on the value of their own final bid (bought in bid) or (b) where a lot listed on Re-Offer.com is sold otherwise than by auction at Re-Offer.com between the date of the Listing on-line at Re-Offer.com and 30 days after the last day of that listing a 1.25% commission will be payable by the vendor and a 1.75% commission will be payable by the purchaser with such commissions being based on the actual sale price agreed between the vendor and the purchaser. If the actual price agreed by the vendor and the purchaser is not disclosed to Re-Offer.com by both parties then Re-Offer.com reserves the right to calculate such commissions due from the vendor and purchaser on a Fair Price. If the listing is ended early by the vendor then subject to clause 3.3 (b) above the ‘last day’ shall be the date on which the listing was withdrawn provided that for the purpose of sub-condition (b) above Re-Offer.com reserves the right to substitute a fair price for any sale price notified to it or to determine a fair price when no sale price is notified to it. If a horse offered through Re-Offer.com fails to make its reserve price then seller’s commission of 1.25% will apply and shall be payable by the vendor and will automatically be debited from the same credit card whose details were supplied by the vendor to Re-Offer.com as part of the listing process for the lot in question and such vendors commission shall be calculated on the value of the reserve price set by the vendor as part of the listing of the lot in question.
3.4 Once a Lot listed on Re-Offer.com has received a bid then that Lot cannot be withdrawn until the auction has ended unless a Veterinary Certificate to Re-Offer.com’s satisfaction is produced. In the case of such withdrawals no commission is payable by the vendor.
3.5 Commission and Fees are subject to VAT or equivalent where applicable.
3.6 All fees paid for by credit card are subject to a flat fee credit card surcharge of 3%
3.7 Vendors listing a horse within 30 days (of the final sale of the public auction in question) of it being unsold at a public auction (e.g. Tattersalls, Goffs, Keeneland, William Inglis) can list that same horse free of charge for a maximum auction duration period of 28 days Free of all and any sellers commission. Such sellers are advised to check the terms and conditions of the auction house where they attempted to sell the horse previously since the vendor may be liable to pay the auction house in question a commission if falling within any post sale commission period.

4.0 Bidding on Auctions

The Auctions will be conducted in various currencies as a) determined by the seller of each lot and b) as indicated from time to time on Re-offer.com. Subject always to the discretion of Re-Offer.com although bidding in various currencies no person will be allowed to advance a bid of less than 200 Pounds up to 10000 Pounds; 500 Pounds up to 20000 Pounds; 1000 Pounds up to 50,000 Pounds; 5000 Pounds thereafter or the currency equivalent as determined by the seller for each individual auction listed. All bids submitted to Re-offer.com shall be legal binding and the person placing the actual bid whether on behalf of themselves or any third party or otherwise shall be legally liable for payment of that bid to Re-offer.com in the event that the bid placed was the final and/or winning bid in respect of any listing placed on Re-offer.com by any seller.  

The minimum selling price, starting price and/or reserve price for any lot (other than a foal, Stallion Nomination and/or Syndicate share) is £5,000 or its equivalent thereof. The minimum selling price for a stallion nomination is £500 or its equivalent thereof. The minimum selling price for a syndicate share is £1,000 or its equivalent thereof. The minimum selling price for a foal is £2,000 or its equivalent thereof. In all cases where a stallion nomination and/or syndicate share is being sold a minimum of 5 shares in each lot must be in circulation and/or public ownership for a listing to be acceptable to Re-Offer.com
Buyers have the ability to submit their maximum bid. Such maximum bids will be stored by Re-offer.com and shall be advanced as necessary and in the increments as above so as to ensure that the bidder remains the current highest bidder until such time as that bidders maximum bid has been placed on their behalf by Re-offer.com. In circumstances where a buyer submits a maximum bid with a value greater than the sellers Reserve price Re-offer.com shall automatically and immediately place as many bids as necessary from that buyers maximum bid allocation so as to meet the sellers reserve.  

Re-Offer.com updates the currency rates shown on the site periodically and no reliance should be placed on them by any user of the site until each auction has ended. All and any currencies shown herein are done so for indication purposes only and Re-offer.com accepts no liability whatsoever for any errors or omissions herein. Invoices issued by Re-offer.com to vendors and purchasers are done so in either £ or US$ (as decided upon by the vendor and/or Re-offer.com) and settlement of such invoices will be required in the same currency that the invoice has been issued in. Explicitly, all purchasers and vendors are asked to note that in no circumstances can an invoice issued in one currency be settled and paid for in any other currency. The seller selects the currency in which the horse is being sold and your bid will be taken in that same currency. Buyers should take great care when bidding in a currency less familiar to them to ensure that their intended bid has been correctly entered. Once a bid has been placed by a purchaser it is binding in all respects. Although bids can be taken in any of the currencies listed on Re-offer.com (as selected by the seller when listing the horse) all and any Invoices issued by Re-offer.com shall be done so in either UK£ or US$ only and the final value of each invoice shall be calculated against the UK£ or US$ currency rate appearing on this site at the actual time that each listing ended.

5.0 Payment by Purchasers of Auctioned Lots

5.1 The Purchaser of each on-line Lot shall immediately after the purchase of a Lot
(i) receive an email confirmation and electronic invoice of Purchase as supplied by Re-Offer.com within 24 hours
(ii) within 7 days of the auction listing ending for which the purchaser placed the final winning bid the purchaser is required to pay to Re-Offer.com the full value of the electronic invoice. Such full value will include the buyer’s premium commission and VAT thereon as applicable (‘the purchase price’) and the purchaser will make payment by way of electronic bank transfer, cash, acceptable cheque or acceptable banker’s draft to Re-Offer.com.
5.1(a) Once the purchasers payment of the full balance has been received and cleared by Re-Offer.com both the purchaser and seller will receive email notification of same from Re-Offer.com. Only after receipt of such email notification will the seller release the lot (and in the case of a horse release its Passport and the animal) to the purchaser and at that time the purchaser will collect within 48 hours and at his own expense from the vendor’s premises every Lot (where that Lot is a horse) purchased by him through Re-Offer.com. Thereafter both the seller and purchaser are obliged to notify Re-offer.com by email that the transfer of the passport and animal between the seller and the purchaser has been completed. Transfer of the sale proceeds less any agreed commission from Re-offer.com to the seller will only take place upon completion of the process outlined in 5.1 and subject to the clause 9 below. In the case of a stallion nomination and/or syndicate share once payment of cleared funds as above has been received by Re-offer.com the seller of the nomination or share will be instructed by Re-offer.com to contact the buyer to make arrangements to transfer the sellers ownership rights to the buyer. Thereafter both the seller and purchaser are obliged to notify Re-offer.com by email that the transfer of the nomination or share between the seller and the purchaser has been completed. Transfer of the sale proceeds less any agreed commission from Re-offer.com to the seller will only take place upon completion of the process outlined in 5.1 and subject to the clause 9.1 below. Re-offer.com shall take all reasonable steps to satisfy itself that the transfer has taken place to the satisfaction of the buyer before releasing the sale proceeds to the seller but once the funds have been released to the seller re-offer.com shall have no liability whatsoever to either the seller or the buyer of that nomination or share.
5.2 If the Purchaser shall fail to comply with any of the conditions set out in 5.1 Re-Offer.com may retain possession of and resell the Lot, nomination, share and/or any progeny born after the Sale to a Lot described as “believed in foal” (hereafter “its Progeny”) either immediately or otherwise by public or private sale. Until such a sale has concluded all costs associated with the lot and any related new born progeny will remain the liability of the vendor.
5.3 If the Purchaser shall fail to pay to Re-Offer.com the Purchase Price, commission and any interest due thereon pursuant to these conditions then, save where Re-Offer.com shall have exercised its rights under sub-condition 5.2 Re-Offer.com shall be entitled to sue for the full amount of the Purchase Price, commission and interest thereon. As between Re-Offer.com and the Vendor Re-Offer.com shall be under no duty to sue and nothing which it does or does not do shall affect the right of the Vendor to enforce any right he may have against the Purchaser.
5.4 If the purchaser shall fail to comply with any of the conditions set out in 5.1 Re-offer.com reserves it right to cancel the sale in which circumstances the seller will be charged no commission and will be given the opportunity to list the item again. Re-offer.com shall have no other liability actual or implied to the seller in any way whatsoever. In the event that any sale is required to be cancelled by Re-offer.com due to the failure of the purchaser to meet their obligations herein Re-offer.com reserves its rights to invoke its termination rights as outlined in clause 19 below.

6.0 Title and Possession

6.1 The property in a Lot and its Progeny (if any) auctioned on Re-offer.com shall not pass to the Purchaser or any principal for whom he is acting until the Purchase Price has been paid in full together with any commission and interest due thereon pursuant to these Conditions. The Lot and its Progeny (if any) shall be at the Purchaser’s risk in all respects from the moment that the listing of a given Lot has ended. The selling vendor must not in any circumstances release or transfer the animal, Passport, Nomination agreement and/or Share certificate in respect of any Lot actually sold on Re-Offer.com until they are notified by email by Re-offer.com to ‘Release’ same to the purchaser. Re-Offer.com will only authorize the release and/or transfer once it has received the purchase monies and all fees and commissions due from the purchaser as a cleared payment pursuant to clause 5 above.

6.16.2 In respect of any Classified Advertisement appearing on Re-offer.com the passing of the property advertised shall pass to the Purchaser or any principal for whom he is acting in a manner as may be determined by and with the seller directly. Re-offer.com plays no role direct or implied in the passing of this property between a seller and a purchaser.

7.0 Purchaser’s liability after sale for auctioned lots

7.1 Where Re-Offer.com has resold a Lot and/or its Progeny pursuant to a power to resell it under any provision of these Conditions, the Purchaser shall be liable to pay the difference between the Purchase Price and the price achieved on the resale (if lower) after deduction of any expenses incurred in the sale. If a higher price is achieved on the resale, Re-Offer.com shall be entitled to keep the full amount so achieved.
7.2 The Purchaser shall also be liable to pay Re-Offer.com any expense (including legal costs) incurred in recovering any Lot and/or its Progeny (if any) pursuant to these Conditions and any expense incurred for a reasonable period thereafter in keeping, training and/or insuring the Lot and/or its Progeny and/or engaging any veterinarian, farrier or other person for the purpose of treating the Lot and/or its Progeny.
7.3 Re-Offer.com shall be entitled to sue for any sum due under this Condition. As between Re-Offer.com and the Vendor Re-Offer.com shall be under no duty to sue and nothing which it does or does not do shall affect the right of the Vendor to enforce any right he may have against the Purchaser.

8.0 Responsibility for Horses sold by auction

8.1 Delivery, The buyer will be able to collect the Lot the day after Re-Offer.com has recieved the full purchase price or within two days following this.
8.2 Each Lot shall be at the Vendor’s risk until that Lot is collected by the purchaser on the day after or within two days following confirmation by Re-Offer.com that it has received payment of the purchase price, commission and any interest due thereon as cleared funds to Re-Offer.com.
8.3 Re-Offer.com reserve the right to examine any Lot and refuse the vendor to list any Lot. In addition Re-Offer.com can at its sole discretion remove any Lot listed on Re-Offer without notice to the vendor and without giving any reason to the vendor. Any bids placed by prospective purchasers at the time of withdrawal shall be null and void with no liability being accepted by Re-Offer.com.

9.0 Vendors of auctioned lots

9.1 The Vendor shall be entitled to receive the proceeds of sale of each Lot sold (less any commission and fees due) no later than on the 21st day following the day on which their listing officially ended on Re-offer.com provided that
(a) Re-Offer.com shall have received the full amount of the purchase price, commission and any interest due thereon from the purchaser pursuant to Clause 5 above.
(b) subject to clause 6 Title and Possession above the vendor has sent to the purchaser and the purchaser has confirmed receipt of the Passport, Nomination Agreement and/or Share Certificate in respect of the lot sold on Re-Offer.com. Vendors are reminded that in no circumstances should any Passport, Nomination Agreement and/or Share Certificate be released by them to any purchaser until Re-Offer.com has instructed the vendor by email that same is to be released to the purchaser by the vendor. In circumstances where a passport, Nomination Agreement and/or Share Certificate has been released by a vendor to a purchaser without the explicit instructions of Re-Offer.com then the vendor does so entirely at his own risk.
9.2 The vendor agrees not to release the Lot until he has written confirmation from Re-Offer.com that payment of the purchase price, commission and any interest due thereon has been paid by the purchaser to Re-Offer.com. If the vendor releases the Lot prior to receiving such written confirmation from Re-Offer.com then he does so entirely at his own risk and Re-Offer.com accepts no liability whatsoever in this regard.
9.3 Settlement will only be made against a written application by or on behalf of the Vendor which has been accepted by Re-Offer.com.
9.4 Where the Purchaser is disputing his obligation to pay for the Lot for any reason not covered by this agreement and clauses 10 and 11 in particular the Vendor shall immediately at his sole discretion be able to re-list the Lot on Re-Offer.com and any previous sale of that same Lot having taken place through Re-Offer.com with in the previous 60 days will be deemed by the vendor, the purchaser and Re-Offer.com to be null and void. In such circumstances Re-Offer.com may at its sole discretion agree to waive the listing fee in respect of any lot being re-listed for reasons connected with this clause 9.4
9.5 Save as to clause 10, 11 and 12 herein all disputes relating to the purchase of a lot are strictly between the vendor and the purchaser. Re-Offer.com will play no role either directly or indirectly in respect of such a dispute and explicitly Re-Offer.com is not liable directly or consequentially for any loss financial or otherwise suffered by any vendor or any purchaser buying and selling a lot through Re-Offer.com.
9.6 All vendors agree that there will be no change in the ownership of a Lot entered for sale with Re-ofer.com between the date of the on-line listing at Re-Offer.com and the time at which bidding ends for the Lot. Re-Offer.com accepts no responsibility for any such changes in ownership
9.7 Re-Offer.com is hereby instructed by the vendor to issue a vendor's (seller's) invoice ( a copy of which will be sent to the vendor at the time of issue) which will reflect the VAT and any other relevant tax status of the vendor as declared by the vendor as part of the listing for each lot.

10.0 Description and Health of auctioned Lots

All lots are sold ‘as they stand’ unless certificates, notices in writing and/or any other documents stating otherwise have been declared as part of the listing for any given lot as being in existence and available for inspection by a purchaser. Where a vendor has declared the existence of such a certificate then the purchaser is able to rely on sight and inspection of such certificates as a condition of sale and the vendor is obliged to make these available to any prospective purchaser before the listing has ended. Where a vendor has made such certificates available for inspection to prospective purchasers and in circumstances where such prospective purchasers did not exercise their right to inspect these certificates prior to placing the winning bid through Re-Offer.com the winning purchaser will not be allowed to rely on such certificates subsequently as a condition of sale and therefore use this in any way to avoid making payment for the lot in question. For the avoidance of doubt any lot listed for sale where no certificates or Declarations of Health have been offered for examination by the vendor to the purchaser then all such lots are automatically sold ‘as they stand’ and are not returnable in any circumstances. Re-Offer.com strongly recommends that prior to bidding on any given lot all purchasers should a) arrange for the lot to be physically inspected and where appropriate examined by a qualified veterinarian and/or b) arrange for x-rays of the lot to be taken and examined by a qualified veterinarian and/or c) arrange examination of all certificates and Declarations of Health being made available by the vendor.

10.1 Each Lot offered for sale through Re-Offer.com must be registered with a Stud Book Authority approved by the International Stud Book Committee and if not so registered it is returnable in accordance with Condition 11 hereof.
10.2 A Stallion is a male horse at stud. A Gelding is a male horse which has been castrated (i.e. had both testicles removed in their entirety). A Colt is a male horse up to and including the age of four years, provided that he is not properly describable as a Stallion or a Gelding. A Horse is a male horse five years of age or over not properly describable as a Stallion or a Gelding. The description Stallion or Colt or Horse does not exclude a rig or crypt-orchid (the term rig or crypt-orchid applies to male horses in which one or both testes do not descend into the scrotum from the abdomen at the usual time). If a male horse is not properly described he is returnable in accordance with this and Condition 11 hereof provided always that the Purchaser may only return the Lot if:
(a) Re-Offer.com has received a notice in writing from the Purchaser before 5.00 p.m. on the 7th day after the day on which the Lot was sold that he requires an examination to determine whether the Lot has been misdescribed under this Condition.
(b) The Lot has been returned to the vendor’s premises by the Purchaser by 5.00 p.m. on the 14th day after the day on which the Lot was sold.
(c) Re-Offer.com has received a certificate in writing from a Veterinary Surgeon of the Purchaser’s choice before 5.00 p.m. on the 14th day after the day on which the Lot was sold stating that the Lot has been misdescribed under this Condition.
(d) Re-Offer.com has received notice in writing from the Purchaser contending that the Lot has been misdescribed under this Condition before 5.00 p.m. on the 14th day after the day on which the Lot was sold.
10.3 A Filly should only be so described up to and including the age of four years. Thereafter she must be described as a Mare. If at any time before reaching five years she is covered she must subsequently at all times be described as a Mare. If a Filly or a Mare is not properly described she is returnable in accordance with Condition 11 hereof. For all Mares there must be given particulars of all coverings. If a Mare has subsequent to any such covering slipped foal the fact must be stated and if not stated or the particulars of coverings are not given as required the Mare is returnable in accordance with Condition 11 hereof.
10.4 Any Mare described as “believed in foal” must have a Covering Certificate “held by the vendor”. The vendor is obliged to disclose on listing the Lot for sale on Re-Offer.com that such a Covering Certificate is “held by the vendor’ prior to the time of sale of the Mare or that Re-Offer.com has been notified in writing by a Stud Book Authority approved by the International Stud Book Committee that the covering has been registered with it and is recorded electronically. Where, in respect of a Mare described as “believed in foal” a Covering Certificate is not being “held by the vendor” as aforesaid, such Mare is returnable in accordance with this and Condition 11.
10.5 Any Mare described as “believed in foal” is returnable in accordance with this and Condition 11 hereof if found to be barren at the time of sale, provided always that the Purchaser may only return the Mare if:
(a) Re-Offer.com has received a certificate in writing from a Veterinary Surgeon of the Purchaser’s choice before 5.00 p.m. on the second day after the day on which the Mare was sold alleging the Mare to be barren at the time of sale.
(b) The Mare has been returned to the vendor’s premises before 5.00 p.m. on the second day after the day on which the Mare was sold and reported by the vendor as being barren at the time of sale.
10.6 Any Lot
(a) which is a Wind-sucker (i.e. habitually gulps or swallows air whether in association with grasping fixed objects with incisor teeth or not) is returnable in accordance with Condition 11 unless described in the listing without qualification as a Windsucker, Crib-biter or Cribber in which event the Lot is not returnable.
(b) which has been operated on for the correction of Wind-sucking as defined above, including Crib-biting, is returnable in accordance with Condition 11 unless so described.
(c) Crib-biters and Cribbers are not returnable unless the Crib-biting is associated with Wind-sucking in which case the Lot is returnable as a Wind-sucker unless it is described without qualification as a Wind-sucker, Crib-biter or Cribber.
10.7 Any Lot
(a) which is an habitual Weaver (i.e. habitually swings its head and neck to and fro and transfers weight from one forelimb to the other alternately) or
(b) which is an habitual Boxwalker (i.e. habitually walks either backwards and forwards or round and round the box repeatedly in an aimless manner), is returnable in accordance with this and Condition 11 unless so described.
Provided always that the Purchaser may only return the Lot if:
(a) Re-Offer.com has received a notice in writing from the Purchaser before 5.00 p.m. on the 7th day after the day on which the Lot was sold that he may wish to return the Lot to the vendor as either an habitual Weaver or an habitual Boxwalker.
(b) He has returned the Lot to the vendor’s premises by 5.00 p.m. on the 14th day after the day on which the Lot was sold.
(c) Re-Offer.com has received a certificate in writing from a Veterinary Surgeon of the Purchaser’s choice before 5.00 p.m. on the 14th day after the day on which the Lot was sold stating that as a result of observation between 7 and 14 days after the day on which the Lot was sold, it is believed that the Lot is an habitual Weaver or an habitual Boxwalker.
(d) Re-Offer.com has received a notice in writing from the Purchaser of his contention that the Lot is an habitual Weaver or an habitual Boxwalker before 5.00 p.m. on the 14th day after the day on which the Lot was sold.
10.8 Any Lot described as a Horse in Training
(a) which is a Whistler and/or Roarer as hereinafter defined is returnable in accordance with Condition 11 unless so described or described as being “heard to make a noise” without qualification. In the case of a Horse in Training a Whistler and/or Roarer is a Lot which can be heard to make a characteristic abnormal inspiratory sound when actively exercised (ridden where possible) and which has Laryngeal Hemiplegia (Recurrent Laryngeal Neuropathy) when examined with the endoscope.
(b) which has been tubed or otherwise operated upon for the correction of Whistling and/or Roaring, is returnable in accordance with Condition 11 unless so described.
10.9 Any Lot described as a Yearling (other than one sold prior to 1st August in the year in which the lot is a yearling to which this sub-condition does not apply) and any Lot described as a Two-Year-Old,
(a) which is a Whistler and/or a Roarer as hereinafter defined, or
(b) which has been tubed or otherwise operated upon for the correction of Whistling and/or Roaring, is returnable in accordance with this and Condition 11 unless so described or described as being “heard to make a noise” without qualification in which event the Lot is not returnable under either sub-paragraph (a) or (b). In the case of a Lot to which this sub-condition applies, a Whistler and/or Roarer is a Lot which can be heard to make a characteristic abnormal inspiratory sound when actively exercised and which has Laryngeal Hemiplegia (Recurrent Laryngeal Neuropathy) when examined with the endoscope.
Provided always that the Purchaser may only return the Lot if:
(a) Re-Offer.com has received a notice in writing from the Purchaser within 24 hours from the cessation of the listing that he requires an examination.
(b) Re-Offer.com has received a certificate in writing from a Veterinary Surgeon of the Purchaser’s choice before 5.00 p.m. on the fourth day after the day on which the Lot was sold alleging the Lot to be a Whistler and/or Roarer.
(c) Re-Offer.com has received a notice in writing from the Purchaser of his contention that the Lot is a Whistler and/or Roarer before 5.00 p.m. on the fourth day after the day on which the Lot was sold.
10.10 Any Lot which has run at a meeting not recognised by a Racing Authority or is restricted from racing by any Racing Authority and not so described is returnable in accordance with Condition 11 hereof.
10.11 Any lot offered for sale on Re-Offer.com which is not covered by any of the categories and or clauses herein shall be returnable only at the sole discretion of Re-Offer.com whose decision shall be binding on all parties and final.

11.0 Auctioned Lots Returned to the vendor

Lots returned to the vendor under Condition 10 must be returned to the vendors premises and the requisite notices/certificates be received by Re-Offer.com before 5.00 p.m. on the 7th day after the day on which the Lot was sold except for those returned to the vendor under Conditions 10.2, 10.4, 10.5, 10.7 and 10.9, which must be returned to the vendor as prescribed therein. However in the case of a return being returned to the vendor under Conditions 10.8 or 10.9 where Re-Offer.com receive a written notice from the Purchaser’s Veterinary Surgeon stating that he is unable to give a certificate within the prescribed time on grounds connected with the health or characteristics of the Lot then Re-Offer.com may decide to extend the prescribed time for lodgement of the certificate and, for this purpose, may have regard to the opinion of any Veterinary Surgeon or Surgeons appointed by them. Failure to comply with the provisions of this Condition and Condition 10 shall be an absolute bar to any claim that the Lot is returnable to the vendor and the Purchaser shall be bound to keep and pay the full amount of the purchase price for the Lot. Where the Purchaser has returned the Lot to the vendor in accordance with this Condition and Condition 10 and the Vendor does not accept that the Lot is returnable to him Re-Offer.com will decide the dispute under Condition 12.

12.0 Resolution Procedures applying to auctioned Lots

Any dispute arising under Conditions 10 and 11 shall be decided by Re-Offer.com in such manner and either without evidence or after hearing evidence of such nature and taken in such manner as Re-Offer.com shall think fit and Re-Offer.com’s decision shall be final and binding on both Vendor and Purchaser and Re-Offer.com shall not be responsible for any loss or expense incurred by any party to such dispute. The decision shall be given not later than 21 days from the date of the return of the Lot to the vendor.
12.1 The party against whom a decision is given shall:
(a) pay to Re-Offer.com all costs and expenses (including insurance) incurred by it or in connection with the taking of evidence or making the decision
(b) indemnify Re-Offer.com against all costs claims demands actions and expenses arising out of or in connection with such decisions.
The Lot shall be at the Purchaser’s risk in all respects until the decision that it is returnable to the Vendor is given by Re-Offer.com. If it be decided that the Lot is returnable to the Vendor, the Vendor shall pay to Re-Offer.com on behalf of the Purchaser the cost of returning the Lot to the vendor.

13.0 Responsibility for all Lots

The Vendor is responsible for the accuracy of all information concerning the pedigree description and health of a Lot. At the point of submitting a listing to Re-offer.com the vendor or seller is automatically deemed to be confirming that they have legal title and ownership of the asset being sold on Re-offer.com as represented by each and any listing made by such a vendor or seller. Sellers and vendors are reminded that it is a criminal offence to attempt to sell any item for which you do not enjoy such legal title and of which asset you are not the legal and rightful owner. No statement certificate forecast or expression of opinion in respect thereof is or is to be deemed to be in any circumstances a representation, undertaking, warranty by Re-Offer.com or condition of any contract with Re-Offer.com and Re-Offer.com shall in no circumstances become liable to any person in respect thereof. Re-Offer.com reserves the right to require that any notice regarding the pedigree description and health of a Lot must be in writing and lodged at the Offices of Re-Offer.com prior to the sale of the Lot. Re-Offer.com do not warrant that any Lot is eligible for participation in any scheme or race.

14.0 Purchasers

Purchasers are advised to inspect each Lot and to arrange for inspection of any materials or information available to them from the vendor or otherwise prior to purchase. Purchasers must ensure that the Vendor’s approval is obtained before a veterinary inspection is made.
All Lots are sold subject to Re-Offer.com Conditions of Sale and/or the User Terms of Re-Offer.com.
Where a Lot is described by the vendor as being sold with race entries, the responsibility thereof passes to the Purchaser at the end of the on-line auction.
(i) Each Lot is sold as it stands (unless otherwise stated in the listing by the selling vendor) and there is no term implied in any sale that any Lot is of satisfactory quality or is fit for training or any particular purpose.
(ii) An allegation by a Purchaser that a particular person, whether or not the owner of the Lot for the time being has taken part whether directly or indirectly in the bidding shall not prevent Re-Offer.com being entitled to recover the full amount of the purchase price immediately in accordance with Condition 5.
(iii) Further and without prejudice to any other provision of these Conditions Re-Offer.com makes no representation whatsoever, whether express or implied, about, with regard to or in connection with any Lot. A Purchaser must make his own enquiries and exercise his own judgement as to a Lot and its value and if a Purchaser purchases any Lot relying on any representation whether by or on behalf of the Vendor or otherwise howsoever he does so, as far as his contract with Re-Offer.com is concerned, entirely at his own risk and such representation and/or reliance shall not prevent Re-offer.com being entitled to recover the full amount of the purchase price immediately in accordance with Condition 5.

15.0 Disputes between Vendor and Purchaser

Where as between Vendor and Purchaser a dispute has arisen out of or in connection with the sale of any Lot by auction or otherwise Re-Offer.com shall not be liable to either party in connection therewith and no such dispute shall prevent Re-Offer.com being entitled to recover the full amount of the purchase price immediately in pursuance of Condition 5.

16.0 Withdrawal

Re-Offer.com shall not be liable to any person for any loss alleged to have been suffered as the result of the withdrawal of a Lot from any Sale for any reason.

17.0 Interest

Re-Offer.com reserves the right to charge interest on unpaid accounts from the date of sale at the rate of 1.5% per month or part thereof. The rate may be varied by notice posted at the offices of Re-Offer.com or appearing on-line at Re-Offer.com. Interest will not be charged on accounts cleared within 14 days of the last day of each listing.

18.0 Law

These Conditions of Sale are to be construed and shall take effect in accordance with English Law and the English Courts shall, unless Re-Offer.com elects otherwise, have exclusive jurisdiction to hear and determine any action arising thereunder.

19.0 Conduct

All registered users of Re-Offer.com explicitly agree to complete all sales of horses listed on Re-Offer.com via the Re-Offer.com auction service. In circumstances where Re-Offer.com becomes aware that any vendor and/or any purchaser and/or any registered user has completed a transaction privately in respect of any horse listed on Re-Offer.com at any point within 90 days of that horse having been listed on Re-Offer.com then at its sole discretion Re-Offer.com reserves the right to terminate the use of the site by all of those parties involved in the said private transaction and to implement a 12 month ban on such parties and/or individuals and/or the organizations which they represent. This will prohibit the individuals concerned and the organizations which they represent from being able to use Re-Offer.com at any point in the future. All users have a collective responsibility to maintain the integrity of Re-Offer.com at all times and as such Re-offer.com reserves it right to terminate the use of the site by any party who it determines at its sole discretion to have breached this collective responsibility. In doing so Re-offer.com is not obliged to give any notice or reason for such termination.